*1 United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604 AMENDED April 13, 2011 April 11, 2011 By the Court:

No. 09 ‐ 3975

EMPRESS CASINO JOLIET CORPORATION, Appeal from the an Illinois Corporation, et al., United States District Court for the

Plaintiffs ‐ Appellants , Northern District of Illinois, Eastern Division. v.

No. 1:09 ‐ cv ‐ 03585

BALMORAL RACING CLUB, INC.,

MAYWOOD PARK TROTTING ASSOCIATION, Matthew F. Kennelly, INC., ARLINGTON PARK RACECOURSE, LLC, Judge .

FAIRMOUNT PARK, INC., and

HAWTHORNE RACE COURSE, INC.,

Defendants ‐ Appellees .

O R D E R

The petitions for rehearing en banc filed on March 16, 2011, by Defendants ‐ Appellees Balmoral Racing Club, Inc., and Maywood Park Trotting Association, Inc., and also by Defendants ‐ Appellees Arlington Park Racecourse, LLC, Fairmount Park, Inc., and Hawthorne Race Course, Inc., are hereby granted. ^[1]

The parties to consolidated appeal No. 10 ‐ 1019 did not seek rehearing en banc; therefore, rehearing is granted solely in No. 09 ‐ 3975. With respect to that appeal, the panel’s judgment and pages 23 to 42 of the panel’s opinion are vacated. Reargument will be scheduled in a later order.

[1] Circuit Judges Joel M. Flaum, Ilana Diamond Rovner, and Ann Claire Williams did not participate in the consideration of these petitions for rehearing.